Bombay High Court
Ram Ambrushi Shete vs State Of Mah & Ors on 29 March, 2016
Bench: A.V. Nirgude
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6074 OF 2005
1] Ram S/o Ambrushi Shete,
Age 43 years, Occ-Business,
R/o At & Po : Deolali, Tq. Bhoom,
Dist. Osmanabad.
... PETITIONER
VERSUS
1] The State of Maharashtra,
(Through its Secretary, Food
Civil Supplies and Consumer Protection
Department, Mantralaya, Mumbai - 32.)
2] The Honourable Minister for
Food Civil Supplies & Consumer Protection
Department, Mantralaya, Mumbai - 32.
3] The Collector, Osmanabad.
4] The Deputy Commissioner (Supply)
Aurangabad.
5] The District Supply Officer,
Osmanabad.
6] The Tahsildar,
Bhoom.
7] Shri Sunil Navnath Thorat,
Age 35 years, Occ- Business,
R/o At & Po : Deolali,
Tq. Bhoom, Dist. Osmanabad.
.. RESPONDENTS
...
Mr. A. B. Chalak, Advocate h/f Mr. S. B. Talekar, Adv. for Petitioner.
Mr. A. G. Magre, AGP for Respondent Nos.1 to 6
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Mr. S. S. Jadhavar, Advocate for Respondent No.7.
...
CORAM : A.V.NIRGUDE &
V.L.ACHLIYA,JJ.
DATED : 29TH MARCH,2016
ORAL JUDGMENT : (PER V.L.ACHLIYA,J.) :-
The Writ Petition challenges order dated 20 th July, 2005
passed by Hon'ble Minister, Food and Civil Supplies, State of
Maharashtra, in Second Revision Application No. WAM-
1605/906/1261/NP.21.
In brief, the facts leading to filing of the Petition are
summarised as under :
The petitioner is an Ex-serviceman. The petitioner had
participated in "Operation Vijay" (Kargil). He worked in Armed
Forces as Hawildar during the period between 8th April, 1981 and 30th
April, 2003. The petitioner met with an accident during "Operation
Vijay" (Kargil) and as such he had developed some kind of disability.
The petitioner came to be retired on 30th April, 2003. The Collector
office, Osmanabad published notification inviting applications for
allotment of ration shops for various villages, including village Deolali
on 5th January 2004. The petitioner had submitted an application for
allotment of ration shop. The Collector, Osmanabad decided to grant
fair price shop in favour of the petitioner, vide his order dated 1 st
December 2004. The respondent no.7 preferred a Revision
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against the order of the Collector, Osmanabad granting fair price
shop in favour of the petitioner before Deputy Commissioner
(Supply). The Deputy Commissioner (Supply) dismissed the
Revision and upheld the order passed by the Collector, Osmanabad
holding that the allotment of fair price shop by the Collector was
strictly as per the priority and there was no illegality whatsoever in
the allotment of fair price shop by the Collector, Osmanabad, on 22 nd
March, 2005. The respondent no.7 preferred second Revision to
Government. The respondent no.2 allowed the second revision
holding that the respondent no.7 was more qualified and Gram
Sabha had recommended his name and he was neither in service
nor doing business, vide his judgment and order dated 20 th July,
2005. Being aggrieved by the order dated 20th July, 2005, passed by
the respondent no.2, the present petition is filed, seeking interim
stay.
2] We have heard learned counsel for the petitioner, the learned
AGP for the State and Mr.S.S.Jadhavar, learned counsel appearing
for respondent no.7 and perused the impugned order.
3] So far as the factual matrix of the matter is concerned, there is
no dispute that pursuant to Government Resolution bearing
No.SAVIVYA-1001/Pra.Kra.848/Napu-28 dated 6th March, 2002,
issued by Ministry of Food and Civil Supplies and Consumer
Protection, State of Maharashtra has taken policy decision in respect
of allotment of fair price shop and laid down criteria for the allotment
of fair price shop in non tribal area. As per the said Government
Resolution, first preference for allotment of such shop is given to
widow or next to kin of defence personnel who died in military action,
ex-military personnel, disabled person and project affected person.
The priority of allotment of fair price shop to person from the category
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of educated unemployed person has been kept at Sr.No.2. Thus, the
allotment of fair price shop made in favour of the petitioner being an
ex-military personnel, cannot be said to be illegal or contrary to policy
decision of the Government. On the contrary, the allotment of shop
to petitioner was made strictly in accordance with guidelines laid
down by State Government. The District Collector of Osmanabad
has rightly allotted the shop in favour of petitioner.
4] The order of allotment of shop was challenged in revision filed
by respondent no.7 before the Deputy Commissioner (Supply). The
revisional authority has maintained the order of the Collector and
dismissed the revision petition holding that the Collector has acted
strictly in accordance with priority laid down by State Government.
There was absolutely no case for exercising revisional jurisdiction by
the Hon'ble Minister for Food and Civil Supplies. In fact Hon'ble
Minister should not have entertained and interfered with the order
passed by respondents no.3 and 4. The reasons assigned by the
Hon'ble Minister are unsustainable in law and beyond the scope of
powers of revisional authority. So also the order is contrary to policy
decisions of Government. The allotment was strictly made in
accordance with priority fixed by the State Government. There was
no scope for interference in exercise of revisional jurisdiction by
Hon'ble Minister for Food and Civil Supplies to interfere with the
order passed by the Collector. We are therefore, inclined to allow the
petition.
5] Accordingly, we hold that the order passed by Hon'ble Minister
is erroneous and against the priority prescribed in Government
Resolution dated 6th March, 2002. The petition should therefore
succeed. Impugned order of Hon'ble Minister dated 20th July, 2005 is
set aside. Earlier order allotting the shop to the petitioner is
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maintained. Petition is allowed in terms of prayer clause "A". Rule
is made absolute in above terms.
(V.L.ACHLIYA,J.) (A.V.NIRGUDE,J.)
umg/
